Prather v. Eisenmann

200 Neb. 1, 261 N.W.2d 766 (1978)

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Nature of the Case

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Facts

The plaintiffs (P) owned adjoining land. Each maintained a well on the property for domestic purposes. Defendant (D) purchased an adjoining 90-acre tract, upon which they built an irrigation well. All the wells were drawing from the same aquifer. D began pumping from the well at an estimated rate of 650 gallons per minute. As a result, P lost use of their wells when the water levels dropped below their pumps. P sued to enjoin D's use of the well. The lower court found that the water was sufficient for all users if P lowered their pumps and D did not lower theirs. The court permanently enjoined D from lowering their pump, and from pumping at all during the time, it would take P to lower their pumps. The court also awarded P damages in an amount reflecting the necessary cost of obtaining an alternative water supply.